A Guide to determining whether your business is a labour hire company
The examples given are only for illustration purposes and do not represent legal advice. You should take into account your individual circumstances when deciding if you require a labour-hire licence. A lawyer should be consulted if you are unclear. Alternatively, contact myWorkCover for assistance.
Labour-hire Authority
This guidance is provided to assist businesses to think through their circumstances and determine whether they will require a labour hire licence.
Scenario 1: Is HSA Pty Ltd a labour hire?
HSA Pty Ltd, a hospitality employment agency, provides waitstaff when a restaurant (the host) needs more staff for a big event. The waitstaff is perceived as carrying out their responsibilities “in and as part of” at the host restaurant’s location, under the host’s direction, and without consideration for offering specialised service. The work of the employees is essential to the organization and is identical to that of the host team. HSA Pty Ltd, which also bills the restaurant for the hours worked, pays the waitstaff. There is no one, straightforward explanation, but taking the engagement as a whole, this arrangement would be regarded as labour-hire and require that HSA Pty Ltd have a licence.
Scenario 2: Is ABC Pty Ltd a labour hire?
Builders Pty Ltd (the host) requires additional assistance with a large project, so ABC Pty Ltd (the supplier) sends construction workers to Builders Pty Ltd. Builders Pty Ltd is in charge of ABC Pty Ltd’s construction workers, which is a critical aspect of their business. The workers work alongside direct Builders Pty Ltd employees who are doing similar work. Builders Pty Ltd supplies the materials, directs, and supervises the work. Taking the engagement as a whole, it is possible to say that the workers supplied by ABC Pty Ltd are working “in and as part of” the business of Builders Pty Ltd. As a result, ABC Pty Ltd would be required to provide labour-hire services under this arrangement and would require ABC Pty Ltd to have a labour-hire licence.
Scenario 3: Is Drilling Pty Ltd a labour-hire?
Drilling Pty Ltd has been hired by EFG Mining Pty Ltd to conduct sample drilling operations at five distinct sites as part of a team assessing the viability of the areas for mineral mining. EFG Mining Pty Ltd is in charge of the team’s numerous contractors. Drilling Pty Ltd is in charge of providing the drill rig as well as all operating personnel. Despite the fact that the work is being done on EFG Mining Pty Ltd property, Drilling Pty Ltd employees are not directed or controlled by EFG Mining Pty Ltd, with the exception of team coordination and site safety. Drilling is not always required for site investigation and assessment. Drilling is a common feature of site exploration that requires the use of specialised equipment. It is not usually working that EFG Mining Pty Ltd does themselves, and is not a key part of their usual operations.
Overall, it can be said that Drilling Pty Ltd does not supply personnel to perform duties connected to and related to the business operations of EFG Mining Pty Ltd. Instead, while executing drilling work, the employees are acting in their official capacities as Drilling Pty Ltd workers, carrying out tasks that are crucial to the business’s operations and that it has been hired to complete. Further Drilling Pty Ltd is responsible for overseeing and managing the activity in order to collect the necessary samples, in accordance with their contract with EFG Mining Pty Ltd. Drilling Pty Ltd would require to have a labour-hire licence.
Scenario 4: Is Accountant Partners & Co a labour-hire?
Accountant Partners & Co., an accounting firm, send an accountant to a client’s location to compile their tax documents. Since the accountant is still carrying out tasks that Accountant Partners & Co. has paid them to accomplish, even though they are working on the client’s premises, this is not seen as labour-hire. The accountant’s job is not essential to the client’s operations, is not under the client’s supervision or control, and is distinct from that of the client’s own staff. This keeps the accountant working for and connected to Accountant Partners & Co. rather than the client.
However, if Accountant Partners & Co. supplied the accountant to the client to bolster the client’s team and the accountant performed the same tasks as the client’s employees, this would be considered labour-hire and call for a licence unless the accountant fell under one of the excluded classes of workers, such as a secondee.
Scenario 5: We Supply Shearers Ltd or the veterinary Mary require a labour-hire license?
Marino Farms is a sheep farming and wool sales company that owns a number of sizable farms. All year long, the majority of the farm’s equipment is maintained together with the sheep by Marino Farms’ staff. The neighbourhood veterinarian, Mary, who has her own practice, would occasionally provide Marino Farms with specialised veterinary care. Each year, We Supply Shearers Ltd provides Marino Farms with a number of workers to shear their sheep. The agricultural workers are paid by Marino Farms through We Supply Shearers Ltd.
The sheep are gathered by Marino Farms employees and brought close to the shearing shed. We Supply Shearers Ltd employees either shear sheep or work as roustabouts, chefs, and wool classers. There are times when workers at We Supply Shearers Ltd sweep the floor and perform other straightforward cleaning activities. On occasion, Marino Farms staff members assist in the shearing shed. Marino Farms sells the wool to its customers after it has been baled. We Supply Shearers Ltd provides casual workers who are paid hourly salaries in accordance with the Pastoral Award. Shearers are engaged by the Pastoral Award under a piece-rate contract that permits more pay than the hourly rate allowed by that specific Award.
Does the veterinary Mary require a labour-hire license?
Although Mary works for Marino Farms, she neither “provides labour-hire services” nor qualifies as a “worker” because she is the sole director of her own company, is employed directly by the farm, and is not supplied to the farm by a supplier (labour-hire company).
We Supply Shearers Ltd require a labour-hire license?
We Supply Shearers Ltd. “provides labour-hire services,” hence it is necessary for it to get a labour-hire licence for the following reasons:
- Because they perform their tasks on the host’s property, Marino Farms’ business involves preparing wool for sale, and they are managed and supervised by the host, personnel provided by We Supply Shearers Ltd are regarded as working “in and as part of Marino Farms’ business or enterprise.”
- Regardless of other factors, We Supply Shearers Ltd “provides labour-hire services” because they provide Marino Farms with at least one person who occasionally works as a cleaner in a commercial space. This person is deemed to perform work “in and as part of a business or undertaking” in accordance with regulation 5 of the Labour Hire Licensing Regulations 2018. No distinction is made between full-time, part-time, casual, subcontracted, or under a piece-rate agreement when defining a “worker” under section 9 of the Labour Hire Licensing Act 2018.
We are a security business. Do we need a licence under the Labour Hire Licensing Act 2018?
Scenario 1: Is Safety First Pty Ltd and Gardit Pty Ltd require labour-hire licenses?
Shop with Us Ltd. owns and operates a number of significant centres (Shop with Us). Its business undertaking needs it to fulfil basic security and safety standards for tenant stores and their customers as well as insurance requirements. To meet these requirements and responsibilities, Shop with Us establishes arrangements with external security. The contract is a services agreement, according to Shop with Us. Safety First Pty Ltd provides security staff to Shop with Us (Safety First). Under the direction of the centre management, Safety First security guards patrol the Shop with Us shopping centre during open hours.
Gardit Pty Ltd provides a “gate checking” service to the Shop with Us retail centre (Gardit). Gardit personnel conducts quick after-hours checks to ensure that the building is both internally and externally secure, provides an alarm monitoring service, reports damage, and, if necessary, refers cases to the police. The two security firms are granted licences under the Private Security Act 2004 (Vic), which is overseen by Victoria Police (Safety First and Gardit). To keep their licences, Safety First, Gardit, and their respective staff must pass specific character assessments and other associated standards.
Question: Is a private security licence enough for an individual or business to comply with the Labour Hire Licensing Act 2018?
Answer: No. According to the Labour Hire Licensing Act of 2018, a licence is required for every company offering labour-hire services. A company could be required to hold many licences or accreditations; in this case, Safety First and Guardit must both possess active security and labour-hire licences.
Question: Is Safety First a labour-hire provider?
Answer: Yes. Safety First is providing workers to carry out work in and as part of the business or undertaking of the Shop with Us shopping centre in accordance with the Labour Hire Licensing Act of 2018 and the Labour Hire Licensing Regulations of 2018. It doesn’t matter how Shop with Us describes the contract.
Question: Is Gardit a labour-hire provider?
Answer: No. Gardit is not providing workers to work in or as part of the Shop with Us shopping centre’s business or project. They are rendering a service.
Scenario 2: Is Protect Pty Ltd a labour-hire?
Weekly night markets are held in Melbourne by Market Festival Pty Ltd. (Market Festival). To control the crowds at the night marketplaces, Market Festival engages 20 security guards. The 20 security guards are required to staff the night market every night per the conditions of Market Festival’s agreement with the neighbourhood council. On the day of the night market, a Market Festival security guard calls in sick. Market Festival agrees to a deal with Protect Pty Ltd to fulfil its contractual commitments to the local government and cover the sick security guard (Protect). Other businesses that plan public events can hire security personnel from Protect.
Sam is an employee of Protect. Under the arrangement between Market Festival and Protect, Sam works as a security guard at the night market to cover the sick Market Festival, security guard. Sam patrols alongside the remaining 19 security guards employed by Market Festival.
Question: Is the arrangement between Protect and Market Festival a labour-hire arrangement?
Answer: Yes, the agreement between Protect and Market Festival is one of labour-hire. Market Festival is a host – Protect provides Sam with work in and for Market Festival’s business. Protect is a labour-hire provider; it provides Sam to Market Festival for work in and as part of Market Festival’s business and must compensate Sam. Sam is a worker; he has an agreement with Protect under which Protect provides him with work at Market Festival. According to the Labour Hire Licensing Act of 2018, Protect must have a labour-hire licence. Protect is a labour-hire company, whether they provide Sam on a temporary or ongoing basis.
Scenario 3:
Security guards are available for birthday celebrations at home from SafeParty Pty Ltd (SafeParty). There aren’t any other services provided by it. To ensure Mary’s 18th birthday is secure the Smiths pay SafeParty.
The security officer for Mary’s party is Matt, a SafeParty staffer. In accordance with the terms of the agreement between SafeParty and the Smiths, Matt’s duty will be to spend 4 hours at the Smiths’ house on the day of Mary’s birthday celebration. Making sure that only people who have been invited to the party show up is essentially Matt’s responsibility.
Question: Does SafeParty require a licence?
Answer: No. SafeParty is not a labour-hire provider in this case. Even while SafeParty pays Matt as a “worker,” he has merely been given to the Smiths to perform a service at their house. He has not been given the opportunity to work “in and as part of” a venture led by the Smiths by SafeParty.
We are a home care business. Do we need a licence under the Labour Hire Licensing Act 2018?
Scenario 1: Is Home Assist Pty Ltd a labour hire?
Janet, who is 86 years old, resides alone. Janet is qualified for the appropriate government subsidies and needs some personal and domestic assistance in her home. Janet requests a Personal Care Assistant (PCA) from Home Assist Pty Ltd (Home Assist) to visit her home for an hour each day. Marg is employed by Home Assist to visit Janet and other clients’ homes and handle a variety of personal care and household duties.
In this scenario:
Marg is not a worker because, while she does work for Janet, it is not in and as part of Janet’s business or undertaking, and even though it is done at Janet’s home, she is not conducting a business and is not a host. Home Assist may provide carers to work in the homes of its clients, but it is not a labour-hire provider because it does not provide carers to work in and as part of another person’s business or undertaking.
Scenario 2: Are Home Cooks Pty Ltd and Cooks & Chefs Pty Ltd a labour hire?
Maria, 57, requires weekly assistance with cooking and grocery shopping. Maria learns about Home Cooks Pty Ltd, a company that offers grocery shopping and home cooking services. Maria wants a Spanish-speaking home cook to do her weekly grocery shopping and dinner preparation. Even though they do not speak Spanish, the Home Cooks team is looking for someone to assist Maria, their new client. Home Cooks finds Nicholas, a Spanish-speaking cook, through the staffing agency Cooks & Chefs Pty Ltd. Cooks and Chefs pay Nicholas for the services he provides to Maria, and Home Cooks are invoiced for supplying Nicholas.
In this scenario:
Cooks & Chefs, a labour provider that supplies kitchen staff, assigns Nicholas to Home Cooks to work for and as a part of its business. Home Cooks is a host because Cooks & Chefs provide them with labour hiring services. Nicholas is a worker as a result of a contract he has with Cooks & Chefs, which requires them to offer him as labour to others in exchange for payment. Despite the fact that the work is being done at Maria’s house, she is not running a business and is not a host.
Recruitment and placement services
Another category of labour hire service providers that require a licence are recruitment or placement services that provide accommodation, pursuant to section 8(1) of the Labour Hire Licensing Act 2018 (Vic.).
Recruitment or placement services are considered labour hire when, an individual or organisation, in the course of providing recruitment or placement services, recruits or places one or more individuals to perform work in and as part of a host’s business or undertaking and the provider provides or procures accommodation for some or all of the period that the individuals are working for the host.
There is no requirement that the provider (the recruiter in this example) has any obligation to pay the worker. This is because, in these kinds of arrangements, the worker is paid by the host either directly or indirectly through one or more intermediaries.
The examples provided on this page are for illustrative purposes only and do not constitute legal advice. You should consider your particular circumstances when determining whether you require a labour hire licence. If you are unsure, you should seek legal advice.
Scenario 1:
Wonderful Workers Pty Ltd is engaged by an engineering company Big Machinery Pty Ltd (BM) to recruit workers for a number of positions in a project manufacturing and installing equipment in several sugar mills. The workers recruited are engaged both as employees of BM, and independent contractors who are directly contracted to BM, and as a result, BM is responsible for paying the workers.
However, as part of Wonderful Workers Pty Ltd’s engagement with BM, Wonderful Workers Pty Ltd is responsible for onboarding and providing accommodation for the workers while they are doing site work. Wonderful Workers Pty Ltd rents a number of houses in the towns local to the installation sites and provides these to the workers when required.
As a result, Wonderful Workers Pty Ltd is a labour hire provider and will require a labour hire licence.
Scenario 2:
John Smith (a sole trader) trading as Super Staff is engaged by a large resources company, LRC Ltd, to recruit workers for a number of positions in a project doing mineral exploration work. The workers recruited are engaged both as employees of LRC Ltd, and independent contractors who are directly contracted to LRC Ltd, and as a result, LRC Ltd is responsible for paying the workers.
However, as part of Mr Smith’s engagement with LRC Ltd, he is responsible for onboarding and providing accommodation for the workers while they are doing mineral exploration work. There are no towns near the exploration site, so Mr Smith engages another company, Amazing Accommodation Pty Ltd, to provide all accommodation to the workers as they have a camp near the exploration site. Amazing Accommodation Pty Ltd provides all accommodation and associated services (such as cleaning) for the workers.
In this example, John Smith trading as Super Staff is a labour hire provider and will require a licence. This is because he is conducting a business providing recruitment services to LRC Ltd and procures accommodation for the workers he recruits.
Scenario 3:
Recruitment Pty Ltd is engaged by a large resources company, LRC Ltd, to recruit workers for a number of positions doing maintenance and upgrade work. The workers recruited are engaged both as employees of LRC Ltd, and independent contractors who are directly contracted to LRC Ltd. Recruitment Pty Ltd is not responsible to pay the workers for any work done for LRC Ltd, as the workers are directly engaged to LRC Ltd. Recruitment Pty Ltd is engaged to do onboarding, but does not provide or procure accommodation.
In this example, Recruitment Pty Ltd is not a labour hire provider, and will not require a labour hire licence. This is because Recruitment Pty Ltd is not obliged to pay the workers and does not provide accommodation for them.
Contractor management services
Another category of labour hire service providers that are required to obtain a licence is ‘contractor management services’ pursuant to section 8(2) of the Labour Hire Licensing Act 2018 (Vic.).
Contractor management services are labour hire when the provider recruits or places one or more individuals who are independent contractors to perform work in and as part of a host’s business or undertaking, and then manages the contract performance by the independent contractor.
‘Contractor management services’ covers services where a business (the provider) recruits independent contractors on behalf of a third party (the host) and manages the performance of the contractor, even though the contractor may be engaged and paid by the host.
Examples of businesses that are captured by this provision include businesses that recruit or place independent contractors, and then provide ongoing administration and payroll functions, or supervision or performance management functions for hosts.
The examples provided on this page are for illustrative purposes only and do not constitute legal advice. You should consider your particular circumstances when determining whether you require a labour hire licence. If you are unsure, you should seek legal advice.
Scenario 1:
Excellent Contractors Pty Ltd is engaged by ABC Sports Club Inc to supply relief chefs to their food service team. ABC Sports Club Inc engages the chefs directly as independent contractors, however, Excellent Contractors Pty Ltd performs the payroll function and performance management functions in relation to the chefs it supplies. Essentially, the contract is formed between ABC Pty Ltd and the individual contractor, but Excellent Contractors Pty Ltd manages the relationship between the parties.
In this example, Excellent Contractors Pty Ltd is a labour hire provider and will require a labour hire licence. This is because in the course of its business providing contractor management services, Excellent Contractors Pty Ltd recruits chefs (who are independent contractors) for ABC Sports Club Inc and then manages the contract performance of the chefs for ABC Sports Club Inc.
Scenario 2:
XYZ Pty Ltd contracts Top Talent Recruiting Pty Ltd to find and place IT professionals in their business. Top Talent Recruiting Pty Ltd finds, interviews and recommends a list of IT professionals to XYZ Pty Ltd, who then engages the independent contractors they want directly. Top Talent Recruitment Pty Ltd does not have any ongoing role in the IT professional’s engagement with XYZ Pty Ltd.
Top Talent Recruiting Pty Ltd is not providing labour hire services in this example and does not require a labour hire licence in these circumstances. This is because Top Talent Recruiting’s only involvement is to recruit IT, professionals. There is no payment from Top Talent Recruiting to the IT specialists and Top Talent Recruitment is not involved in the management of the contract performance.
Other examples
The below examples are provided as general guidance and are for illustrative purposes only. If you are uncertain about whether the scheme applies to you, contact us for further information or seek legal advice.
| Occupation or industry | Example | Yes, a licence is required | No, a licence is not required |
|---|---|---|---|
| Nursing | A hospital contacts a nursing temp agency to provide five extra nurses to work for two weeks. The temp agency supplies the nurses to work in the hospital. The temp agency pays the nurses’ wages and invoices the hospital. | The character of this contract is for labour, and a labour-hire licence is required by the temp agency. | |
| Horticulture | A grower needs their seasonal fruit picked and packed. A contractor supplies pickers and packers and invoices the farmer for the amount picked and packed on a weekly basis. The contractor is responsible for paying the workers. | The character of this contract is for labour, and the contractor requires a labour-hire licence. | |
| A hostel operator supplies workers to pick vegetables in the local area, and invoices the grower on a weekly basis for the amount picked. The hostel operator is obliged to pay the workers staying in the hostel for the work performed. | The character of this contract is for labour, and the hostel operator requires a labour-hire licence. | ||
| Same as above, except that the grower pays the workers staying in the hostel directly. | The grower is the direct employer and the hostel does not require a labour-hire licence. The grower must ensure they comply with workplace and other laws. | ||
| Information technology (IT) help desk staff | A business requires extra IT help desk workers to assist its existing help desk workforce while a new IT system is being deployed. The IT recruitment service supplies the business with additional workers. The IT recruitment service pays those workers and invoices the business. | The character of this contract is for labour, and a labour-hire licence is required by the IT recruitment service. | |
| Information Technology Consultancy | A business requires someone to design and implement a customer service solution. An IT firm submits a tender for the job and is paid a total contract sum in stages and at the completion of the job. The IT firm assumes responsibility for the completion of the scope of work and bears the associated commercial risks and legal responsibility for the work done. | The character of this contract does not appear to be labour – no licence is required by the IT firm. | |
| Building and construction industry | A building company is developing a block of apartments and subcontracts the entirety of the electrical work to an electrical subcontractor, who is responsible for completing the scope of the electrical work as outlined in the contract, for a specified total sum, bears the commercial risk and legal responsibility for work done and for the rectification of any defects in the work done. | The character of this contract does not appear to be labour – no licence is required by the electrical subcontractor. | |
| A business provides workers to a licensed trade contractor on an hourly rate basis to perform work for the trade contractor’s business. The business does not provide materials, is not responsible for rectifying defects, and is not engaged to meet any other contractual obligations. | The character of this contract is for labour, and the business requires a labour-hire licence. | ||
| An earthmoving company is engaged to dig drains on a large commercial construction site. The company provides large equipment and operators to dig the drains. The earth moving company is responsible under the contract to ensure the drains are dug according to plans and is responsible for rectifying defects in the work and damage caused. | The character of this contract does not appear to be labour, and no licence is required by the earthmoving company. | ||
| Security workers | Stadiums Pty Ltd operates a number of sporting and performance facilities on behalf of the owner of the venue. In accordance with the terms of their liquor licence, Stadiums is required to ensure a specified number of crowd controllers are in place to manage the venue during events. Stadiums have a small directly employed security team, however, it uses security providers to supply the required number of crowd controllers during events. Stadiums pay the security providers per hour for each of the workers supplied. | The character of this contract is for labour, and the security providers will require a labour-hire licence. | |
| A security company provides a pub with security staff. In accordance with the terms of their liquor licence, the pub is required to have a specified number of crowd controllers in place to manage the venues. The pub uses a security provider to supply the required number of crowd controllers, and pays the security provider per hour for each of the workers supplied. | The character of this contract is for labour, and the security provider requires a labour-hire licence. | ||
| A security company provides alarm monitoring, mobile patrol and alarm response services. The security company is contracted to undertake perimeter checks at the client’s site, prevent and report damage, respond to alarms, and undertake internal and external inspections of the premises. The workers are provided with a company vehicle by the security provider to perform the patrols. | The character of the contract does not appear to be labour, and no licence is required by the security company for these activities. | ||
| A security company has a contract with a financial institution to provide cash in transit services to that financial institution in the South East Queensland region for one year. The contract is for a fixed price per annum, which covers all cash-in-transit services within an agreed regular schedule. The security company provides staff, trucks, equipment and weapons required for this service. The security company is liable for any loss that occurs as a result of the cash-in-transit service and carries insurance to cover any such loss. | The character of the contract does not appear to be labour, and no licence is required by the security company for this work. | ||
| Cleaning Workers | Clean Event Pty Ltd (Clean Event) is contacted by a sports club to provide cleaning staff for a large community sports event being held on their grounds. Clean Event agrees to supply 20 staff for five hours to conduct general cleaning duties including changing over wheelie bins, picking up rubbish, periodically cleaning the porta-loos, as well as any specific cleaning duties requested by the sports club. Two supervisors carry radios and relay instructions to staff from the event coordinator. Clean Event invoices the sports club on an hourly basis for each of the staff provided. | The character of this contract is for labour, and Clean Event requires a labour-hire licence. | |
| A hotel needs additional cleaners to clean their hotel rooms and contacts a cleaning business to organise the additional cleaners, who are paid by the cleaning business for the number of hours they work at the hotel. | The character of this contract is for labour, and the cleaning business requires a labour-hire licence. | ||
| Sparkles and Shines Pty Ltd (SnS) has a contract to clean all the corporate offices for a large business after hours. Under the contract, SnS is paid a fixed price for a year, with the price calculated per site according to the size of the site and the range of duties. SnS is responsible under contract to deliver the specified cleaning services on those sites to specified standards, determines when and how its workers perform those tasks, supplies all materials and equipment, and is responsible to rectify any defective work. | The character of this contract does not appear to be for labour, and no licence is required by SNS for this work. | ||
| Traffic Management | Redirect Pty Ltd (Redirect) is contracted by event organisers for a set fee to provide traffic management, including making arrangements for the closure of a road. Redirect is responsible under the contract for obtaining the relevant permits, including submitting a traffic management plan, and having it approved by the relevant local council or by the Department of Transport and Main Roads. The permit is issued in Redirect’s name. When conducting the traffic management, Redirect is responsible for ensuring no traffic, other than event-specific traffic, enters the area. Redirect supplies a team of qualified workers and a supervisor to attend the site with a company ute, and is equipped with safety lights barriers and signage. | The character of this contract does not appear to be for labour, and no licence is required by Redirect for this work. | |
| Traffic Management Inc holds a similar contract to the above example with Queensland Transport on a large road project. Traffic Management contacts Redirect Pty Ltd to provide staff to attend and assist in managing traffic, as it doesn’t have sufficient staff to meet requirements. | The character of this contract is for labour, and Redirect requires a labour-hire licence. Traffic Management is a user of labour-hire, and must ensure that Redirect has a licence. | ||
| A construction company requires assistance with traffic management around a construction site while the road is obstructed for a large delivery. The construction company has already obtained the relevant permits and is responsible for ensuring conditions on the permit are met. Redirect supplies two qualified workers to attend the site with signage. | The character of this contract is for labour, and Redirect requires a labour-hire licence. The construction company is a user of labour-hire and must ensure that Redirect has a licence. | ||
| Mining | A diesel fitter works in the mine as a contractor using his own ABN. He invoices the mine for his services and pays his own GST, etc. | The diesel fitter is not considered to be providing a labour-hire service because he is an individual worker. | |
| As above, except that the diesel fitter has incorporated a company. He is the only director of the company and the only person supplied to work. Alternatively, a husband and wife are directors of the company and only the husband is supplied. | As the diesel fitter is an executive officer of the corporation and the only person supplied, no licence is required. | ||
| Food processing | A poultry processing plant directly employs administration and management and some operational staff but engages Workers Pty Ltd to provide workers to debone and pack chicken products. | The character of this contract is for labour, and Workers Pty Ltd requires a labour-hire licence. The poultry processing plant must ensure that Workers Pty Ltd has a labour-hire licence. |
Follow Us & Connect!
Featuring myWorkCover about-us
Scan our QR Code to connect!
Disclaimer:
The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.
